TAMIL HINDU NEWS

Bombay High Court upholds the Constitutionality of Food Safety and Standards Act 2006 [Read the Judgment]

In a significant judgment rendered by the Bombay High Court on 16.09.2015, the constitutionality of the Food Safety and Standards Act 2006 has been upheld. Several merchant, traders, hoteliers and dealers in food items had moved the High Court under the collective of associations like ‘The Association of Traders carrying the various business of Food Items’ , ‘Mumbai Mewa Masala Merchants’ Association’, ‘AHAR-Indian Hotels and Restaurant Association’, impugning the provisions of the Food Safety and Standards Act, as ultra vires the Constitution of India.

The essence of the assail against the vires of the Act was that the provisions of the same were vague, abstract and unworkable and that unfetterd and unguided powers were conferred on the authorities under the act which were capable of being put to abuse. It was also urged that the Act suffers from the vice of excessive delegation, as the standards are extensively laid down by Rules and Regulations framed by the executive wing.

At the very outset, the Court observed that the writ petitions were premature and anticipatory in nature, as none of the petitions had factual averments regarding any adverse evil or civil consequences resulting from the implementation of the Act. It was observed that “the challenge to the constitutional validity of the Act must be on the basis of certain and definite set of facts and not on apprehension. The challenge to the constitutionality of the Statute cannot be raised in abstract or vaccum” . Reliance was placed on the decision of the Supreme Court in Sant Lal Bharati vs. State of Punjab (1988) 1 SCC 366 for such proposition.

Nonetheless, the Court proceeded to consider the contetions of the petitioner on their merits. Before doing the same, the legislative background of the Food Safety and Standards Act was examined. It was found that it was an ‘Act to consolidate the laws relating to food and to establish food standards’. The Act was a comprehensive code replacing the earlier legislations covering the field, viz, the Prevention of Food Adulteration Act 1954,and the various orders relating to food products issued under the Essential Commodities Act 1955, which all stood repealed by virtue of Section 97 of the Act. It was found that the the act was a ‘welfare legislation aimed at preventing health hazard which would be caused by consuming adulterated food’ and that the provisions of the Act ought to be construed in the light of its welfare intent and beneficial purposes. Special reference was made to the Preamble of the Act and also to Section 18 thereof enumerating the general principles to be followed in the administration of act, for gathering the intent and object of the impugned statute. Sections 26 & 27, pertaining to the responsibility of food business operators and the lheir liability in case of default, were also adverted to for such purposes.

Before considering the specific contentions of the petitioners, the Court made a reference to the observations of the Supreme Court in State of Uttar Pradesh vs. Kartar Singh AIR 1964 SC 1135 in the context of examining the constitutionality of the Prevention of Food Adulteration Act, the predecessor of the FSSA Act. It was observed therein that the the rule has to be struct down as imposing unreasonable or discriminatory standards, it could not be done merely on any a priori reasoning, but only as a result of materials placed before court by way of scientific analysis. It is obvious that this can be done only when the party invoking the protection of Article 14 makes averments with details to sustain such a plea and leads evidence to establish his allegations.

Setting the tone as above, the contentions were put to juducial scrutiny. Section 31 of the Act was the licensing provision, enjoinig the stake holders of food business to obtain license and registration from the ‘designated authority’. As per Section 36, the said ‘designated authority’ should not be below the rank of a Sub Divisional Officer. The contention was that the Sub Divisional Officer was an authority under the Revenue Code, who lacks proficiency and understanding of the technicalities pertaining to food business, and empowering an officer unaquantied with the scientific and technical aspects of food business was arbitrary and unreasonable, leading to the infraction of Article 14 of the Constitution of India. However, the said contention was repelled holding that Section 36 merely specifies the rank of the designated authority and does not designate the Sub Divisional Officer as the authority. Moreover, Rule 2.1.2 of the Food Safety and Standards Rules framed by the Central Government specifies that the authority shall possess and bachelors degree in Science with Chemistry and ensures that such officers possess requisite knowledge and proficieny. Hence, the apprehensions were rejected as unfounded.

The next contention was the Act contained several undefinied expressions of generic import, like ‘petty manufacturer’, ‘hawker’, ‘itinerant vendor’, ‘temporary stall holder’, ‘tiny business operator’, who were excluded from the requirment to obtain license to indulge in food business as per Section 31. It was contended that such expressions were riddled with vagueness and ambiguities, and were capable of being abused. However, the argument did not receive acceptance by the Court. It was held that the expressions were not vague and ambigous. An Act would not become unconstitutional merely because certain terms and expressions are left undefined. The words contained in the Act are to be understood in the light of the entirety of the Act and with due regard to the ordinary connotatiojn of the words, and the understanding they have in common parlance, and not in isolation. Reference was made to the Constitutional Bench decision of the Supreme Court in Sakhawant Ali vs. State of Orissa AIR 1955 SC 166. Further submissions to the effect that the licensing conditions under Section 31 are rigorous and cumbersome and would bring about a “license raj” were also repelled as untenable.

Also, it was contended that the Act confers excessive coercive powers on the designated authorities and that the same would affect the right to carry on trade and profession and earn livelihood, guaranteed under Articles 19(1)(g) and 21 of the Constitution of India. Section 34 empowered the designated authority to issue emergency prohibition orders and notices which take immediate effect, without issuing any show cause notices. The Court repelled such contentions stating “we are completely in agreement with the contention as urged on behalf of the food authority in para 12 of the reply that Section 34 would be applicable in an emergency which would require immediate solution of a problem where there is a danger of health risk, such as food poisoning or danger of death of the consumers by consumption of adulterated or unsafe food. These provisions are absolutely essential and in such an emergent situation, without these provisions the effective implementation of the legislation cannot be achieved”.

The offences and penalties imposed under the Act were also held to be proper, just and reasonable. Following the law settled by the Supreme Court in Andhra Pradesh Grain and Seed Manufacturers Association v Union of India AIR 1971 SC 2346, it was stated that a statute could provide for absolute and strict liability for an offence without reference to any state of mind like intention, malice, recklessness, negligence or knowledge. A statutory crime need not contain a specific state of mind as is ingredient. It was held that the statute imposing restrictions upon traders will not be deemed unreasonable merely because it makes a departure from the normal structure of statutes enunciating offences and prescribing punishments.The Court also rejected the argument that the adjudicatory mechanism provided under Sections 68 and 70 were not effective. The bar of civil jurisdiction as per Section 72 was also held to be reasonable, as the parties are not left bereft of remedies by the Act as the same provides alternate and efficacious forum for adjudication of disputes.

Taking a cue from the observations of the Supreme Court in Centre for Public Interest Litigation vs Union of India and others AIR 2014 SC 49, the Court held that “the provisions of FSS Act and the Rules and Regulations framed thereunder are required to be interpreted and applied in the light of the Constitutional principles and an endeavour has to be made to achieve appropriate level of protection of human life and health”. Any food article which is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under. It was also observed that the Food Security and Standards Act is a mechanism to implement Article 47 of the Constitution of India, which casts the duty on the State to raise the level of nutrition and the standard of living and to improve public health. Thus it was held that the restriction imposed on the conduct of business by traders in foodstuffs by the provisions of the Act cannot be deemed unreasonable, as the Act was enacted to deal with the great social evil and for ensuring public welfare especially in the offences against public health. It was held that adulteration and misbranding of foodstuffs is a rampant evil and a statute calculated to control that evil is indisputably in the interest of the general public. Thus, the writ petitions were dismissed holding that the provisions as impugned in these writ petitions are legal, valid and intra vires Articles 14 and 19 (1) (g) of the Constitution of India.

Rs. 10 lakh worth gutka seized

The VI-Town Police on Saturday raided a dilapidated shed at Podalakur Road centre and seized as many as 148 bags of gutka worth more than Rs. 10 lakh. An auto-rickshaw was also seized during the raid. CI P. Subba Rao conducted the raid after questioning auto driver Tanjavuru Mahender, a native of Nawabpeta. 

A case under the Food Safety and Standards Act 2006 was booked.

Food samples to be tested during the nine-day Brahmotsavams, at Tirumala

Tirumala Special arrangements are in place to test food samples at a lab during the nine-day Brahmotsavams here. Dr Sharmista , Chief Health Officer of TTD, said here today special arrangements have been made to test all food articles at random at the special lab set here to ensure food safety.

"We are testing even the laddu prasadam and the anna prasadams for maintaining quality and quantity, " she said The SV Food and Analysis Lab has been set up for comprehensive checking of all ingredients used in the Tirupati laddu. 

The lab will also test other eatables sold to pilgrims in the temple shrine. The lab will also ensure that all ingredients purchased for preparation of Anna Prasadams, including the laddu are of high quality and there is no contamination of water, the health officer told reporters here today. 

'We have directed hotels to ensure that only clean , hygienic and hot food is sold to pilgrims, she said adding the TTD had made elaborate arrangements with 3000 workers (including 600 outsourced) to keep the premises of the hill shrine clean on a 24 x 7 basis.

ஐஸ் கட்டி உற்பத்தி குறித்து கண்காணிப்பு தேவை!; உணவுப் பாதுகாப்பு துறை முன்வருமா

மதுரையில் தரமற்ற ஐஸ்கட்டிகள் உற்பத்தி செய்யப்படுகிறதா என உணவுப் பாதுகாப்பு துறை கண்காணிக்க வேண்டும். தரமற்ற தண்ணீர் மூலம் உற்பத்தி செய்யப்படும் ஐஸ் கட்டிகளால் இகோலை, சால்மோனல்லா கிருமி பாதிப்பு அபாயம் உள்ளது.

மதுரையில் தண்ணீர் விற்பனை செய்யும் 57 பிளான்ட்கள் உள்ளன. நகர் மற்றும் கிராமங்களில் 20 ஐஸ் கம்பெனிகள் மூலம் ஐஸ் கட்டிகள் உற்பத்தி செய்யப்படுகின்றன. இங்கிருந்து உற்பத்தியாகும் ஐஸ்பார்கள் மதுரை முழுவதும் உள்ள 2000க்கும் மேற்பட்ட கரும்புச்சாறு, ஜூஸ், சர்பத் கடைகளுக்கு வினியோகம் செய்யப்படுகிறது.ஐஸ்பார்கள் பெரும்பாலும் சாக்குத் துணி அல்லது தெர்மோகோல் பெட்டியில் வைத்து கடைகளுக்கு அனுப்பப்படுகிறது. இந்த நிலையில் ஐஸ்கட்டியில் பாதிப்பு ஏற்படுவதற்கு வாய்ப்பு குறைவு. ஆனால் நிறுவனங்கள் ஐஸ் பார் தயாரிப்பதற்கு பயன்படுத்தும் தண்ணீர் சுத்திகரிக்கப்படாத நிலையில் இருந்தால் ஆபத்து தான்.

தண்ணீர் கொண்டு செல்லும் லாரிகள் சுத்தம் செய்யப்படாமல் இருந்தாலும் கிருமிகள் தொற்றும் வாய்ப்புள்ளது. சுகாதாரமற்ற தண்ணீரில் இகோலை, சால்மோனல்லா போன்ற கிருமிகள் இருக்கும். ஐஸ்பார் தயாரிக்கும் போது இக்கிருமிகள் கொல்லப்படுவதில்லை. மாறாக உறைந்து விடுகிறது. மீண்டும் தண்ணீராகும் போது கிருமிகள் மனிதர்களுக்கு பரவும் வாய்ப்புள்ளது.குறிப்பிட்ட இடைவெளியில் தண்ணீர் மற்றும் ஐஸ்பார்கள் உற்பத்தி செய்யும் நிறுவனங்களை, உணவு பாதுகாப்புத்துறை கண்காணித்து நடவடிக்கை எடுக்க வேண்டும்.

Adulterated oil worth Rs 22K seized

THANE: The Food and Drug Administration (FDA) seized 403 liters of oil that was being stored in 27 reused tins at shop in Wagle Estate on Saturday. The seized oil was worth Rs 22,000.The arrests were made during a raid that was being carried out by the FDA as many shopkeepers tend to sell adulterated oil during festive time.

According to a directive by the government and high court, shopkeepers are not allowed to use reused oil tins. The raid was conducted by food safety officer A S Dhule under the guidance of assistant commissioner of food K N Dabhade. The cops had received a tip-off that the store, Shah Manilal Narshi and Sons, were flouting the norms. The team then raided the place and seized the oil as it may not be fit for human consumption.

A case has been registered but no arrests have been made yet.

How Junk Food Is Killing Kids in Kashmir

 

With the changing lifestyle and changing food habits among people especially children and youth, the rate of diseases occurrence have shot up from thirty to eighty percent by these trendy habitual eating stuff. According to National Health Cell, junk food is the main cause of different diseases which includes obesity, chronic ailments and kidney disorders.

Fareen Khan, a 12th class student from Tangmarg was admitted in the emergency ward of SKIMS after she complained of severe abdominal pain.

“We admitted her in the hospital as she was in severe pain. She was injected first but the pain did not stop, later on, the doctor advised to put her on glucose drip. The main reason for her frequent abdominal pain is because she takes a lot of junk food like chips and cold drinks,” said Haleema Akhtar, the mother of the patient.

“She eats one to two spicy chips daily which resulted in her frequent abdominal pain. The doctor has advised her to not take such food items as it will cause her more problems”, she added further.

Junk food contains high levels of calories from sugar or fat with little protein, vitamins and minerals. It has little nutritional value and contains excessive fat, sugar, salt and calories which are very harmful for the human body.

Nearly 40000 deaths occur yearly due to junk food and nearly ten lakh people get severe ailments like obesity, heart diseases, stomach ulcers, Kidney stones and even cancers.

“From the last 10 years there is increase in number of patients who are suffering from kidney disorders, abdominal pains and heart ailments and the main reason for occurrence of these ailments is because of changing food habits. Young patients mostly suffer from abdominal pains. There are nearly 5-10 such patients who are admitted in the emergency ward for treatment,” said a doctor at SKIMS hospital.

“A doctor can advise patient not to take such food stuff but he cannot force it on the patient. The people must understand that junk food is not good for our health and there are so many instances where patients have lost their lives. So, people must have to take care of their food habits,” he further added.

A Scripps Research Institute study in 2008 suggested that junk food consumption alters brain activity in a manner similar to addictive drugs like cocaine and heroin.

In 2013 Delhi High Court banned Junk food sale in schools across India. In the judgement Food Safety and Standards Authority was directed to implement its guidelines on making wholesome nutritious food available to school children, but this was implemented only in schools of Delhi and centrally certified schools of other parts of India. In Kashmir there was nothing practical on part of this judgment.

“I know junk food is not good for health but I can’t stop myself from taking it,” said Adfar Masood, an engineering student from Illahi Bagh, Buchpora. 

“I am trying my best to minimize the level of taking this food stuff in my daily routine as they cause harmful diseases,” he added further.

Director of SKIMS, Dr. Showkat Zargar, also a well known gastroenterologist of the Kashmir said ,“ yes there is an alarming increase in the number of patients who are mostly of young age suffer from abdominal infections and pains by consuming a lot of junk food which is not good for health. Every year there is sharp increase in number of cancers and other related diseases because of changing food habits among people.”

“Children especially falling in the age group of 5-18 years tend to have more attraction towards junk food. We have to generate awareness at schools, colleges and universities so that students can understand the harmful effects of taking junk food. Parents also should keep off their children from taking such food stuff,” he added more.

Amla drink banned

Amla drink that was manufactured by a private firm in Namakkal and sold across many districts was banned after laboratory test reports found it to be unsafe and substandard.

Recently, the Collector, corporation commissioner and the food safety officer received many complaints that a particular product sold in the market is causing health issues. Based on it, T. Anuradha, District Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, inspected the company’s distribution office on Meyyanur Main Road and took samples. The samples were sent to the Government Food Laboratory at Udayapatti. Reports confirmed that instead of 120 ppm of Benzoic acid that was allowed in ready-to-serve beverages, 950 ppm was present.

Also, the expiry date for the concentrate product was given as six months whereas the expiry date is maximum of one month for the products. Hence, the report declared that the product was ‘unsafe, substandard and misbranding’.

A notice was served to the manufacturer and the distributor asking them to stop production and other activities. They were asked to rectify the defects and submit samples of the products to the Food Safety Officer and based on the reports they would be permitted to re-start production. Since another product, alo vera drink comes under non-standardised FSSR category, they were asked to obtain approval for the product.